H-1B Visa Lottery Changes From October 1

Tarni Sahu
4 Min Read

H-1B Visa Lottery Changes From October 1, with the US introducing a weighted selection system for the FY 2027 H-1B cap season.

Under the new system, higher wage levels receive more entries in the selection process.

The change means salary and the wage level attached to a job will play a bigger role in H-1B selection.

However, workers across all four wage levels remain eligible for selection under the new system.

H-1B Visa Lottery Changes From October 1

Under the weighted system, workers at OEWS Wage Level IV receive four entries in the selection pool.

Level III receives three entries, Level II receives two, while Level I receives one entry.

This does not mean that workers at the lowest wage level are excluded from the lottery.

Their registrations remain eligible, but they receive fewer entries than registrations linked to higher wage levels.

USCIS will count each selected beneficiary only once for the H-1B cap.

The wage level is determined using US Department of Labor Occupational Employment and Wage Statistics data.

It takes into account the occupation, offered salary and intended work location when determining the applicable wage level.

 How the New H-1B Selection System Works

The US Department of Homeland Security estimated that, under the weighted system and the assumptions used in its analysis, selection probabilities could be about 15.29% for Level I, 30.58% for Level II, 45.87% for Level III and 61.16% for Level IV.

These figures are estimates rather than guaranteed selection rates.

Actual selection outcomes can vary depending on the number and distribution of eligible registrations.

Employers will also need to pay close attention to the salary information submitted during registration.

If a registration is selected, the employer must provide evidence supporting the wage level stated at registration.

USCIS guidance says information in the H-1B petition generally needs to correspond with the registration information, including the relevant occupation code and salary details.

If there is a difference, the employer may need to explain it and provide supporting documents.

 What Indian H-1B Workers Need to Know

The change is particularly relevant to Indian professionals because many Indian workers use the H-1B programme to work in the United States.

The new system does not create a separate selection category for Indian applicants, but the wage level attached to their US job offer will now affect the number of entries associated with the registration.

Employers also need to be careful about submitting accurate registration information.

USCIS has warned against multiple or duplicate petitions for the same beneficiary, which can lead to a petition being invalidated and the filing fee not being returned.

The H-1B Visa Lottery Changes From October 1 therefore introduce a selection process in which wage level becomes an important factor, while applicants at all four wage levels continue to have an opportunity to be selected.

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